get geico. >> gretchen: shocking allegations out of nevada as voters head to the polls. north carolina group known as alley pack plans to file a complaint that illegal immigrants are being allowed to vote there. in a letter to nevada's secretary of state, it claims the illegals are intentionally being registered and then pressured to vote. >>> 148 victims and family members suing the government now over the massacre at fort hood. they say the defense department is avoiding legal and financial responsibility by calling the shooting a workplace violence attack instead of a terrorist attack. 13 people were killed, including a pregnant woman. guys? >> brian: in 2008, our next guest was a proud supporter of president obama. as a registered democrat and small business owner, he believed a vote for obama meant a vote for job creation. four years later, he decided the president needs to step aside. >> steve: and joining us now is the owner of 35 appleby's franchises in the new york city area. good morning to you. >> good morning. >> steve: why did you switch? >> i guess four yea